Chapter 3 Planning of Sichuan Provincial Scenic Area Management Regulations

The preparation of the overall plan for scenic spots should reflect the requirements of harmonious coexistence between man and nature, coordinated regional development and comprehensive economic and social progress, adhere to the principle of giving priority to protection and subordinate development to protection, and highlight the natural characteristics of scenic resources. , cultural connotation and local characteristics.

The overall planning of scenic spots should include the following contents:

(1) Scenic resource evaluation;

(2) Ecological resource protection measures, layout of major construction projects, Intensity of development and utilization;

(3) Functional structure and spatial layout of scenic spots;

(4) Scope of prohibited development and restricted development;

(5) ) Tourist capacity of scenic spots;

(6) Relevant special planning.

Scenic and historic areas shall prepare a master plan within 2 years from the date of establishment. The planning period of a master plan is generally 20 years.

The overall planning of scenic spots and historic areas shall conduct environmental impact assessment in accordance with the law. Detailed plans for scenic spots should be prepared based on the different requirements of core scenic spots and other scenic spots, determine the location, layout and scale of infrastructure, tourist facilities, cultural facilities and other construction projects, and clarify the scope of construction land and planning and design conditions.

The detailed planning of the scenic area shall conform to the overall planning of the scenic area. The preparation of the overall plan for scenic spots and historic areas should be consistent with the national economic and social development plan, urban and rural planning, and land use overall plan, and comply with relevant national technical specifications and standards.

The planning of towns, townships and villages in scenic spots and scenic spots should be coordinated with the planning of scenic spots. The planning of national-level scenic spots is organized and compiled by the construction administrative department of the provincial people's government; the planning of provincial-level scenic spots is organized and compiled by the local people's government at the county level.

The planning of scenic spots across administrative regions shall be organized and prepared by the people's government that applies for the establishment of scenic spots or its construction administrative department. The preparation of plans for scenic spots and historic sites shall be carried out by selecting units with corresponding qualification levels through tendering, comparison and other fair competition methods in accordance with the law:

(1) For the overall planning and detailed planning of national-level scenic spots, the units with Grade A qualifications shall be selected. Units with urban planning or landscape architecture qualification certificates shall prepare the plans;

(2) The overall plans and detailed plans for provincial scenic spots shall be prepared by units with Grade B or above urban planning or landscape architecture qualification certificates. When formulating plans for scenic spots, opinions from relevant state agencies, social groups, enterprises and institutions, the general public, and experts should be extensively solicited; if major public interests are involved or there is a major interest relationship with others, a hearing must be held.

The materials submitted for approval of the planning of scenic spots and historic areas should include the opinions of relevant parties and all sectors of society, as well as the status of the adoption of the opinions and the reasons for failure to adopt them. The approval of the overall planning and detailed planning of scenic spots shall be carried out in accordance with the provisions of the "Regulations on Scenic Spots" of the State Council.

After approval of the scenic spot planning, it shall be announced to the public through various media in accordance with the law, and any organization or individual has the right to review it. Units and individuals within the scenic area shall abide by the planning of the scenic area and obey the planning management.

If the implementation of the scenic spot planning causes losses to the owners or users of natural resources such as land, forestland and houses in the scenic spot, compensation shall be provided in accordance with the law. It is prohibited to establish various types of development zones in scenic spots, and it is prohibited to build hotels, hostels, training centers, sanatoriums and other buildings and structures that have nothing to do with the protection of scenic spots in core scenic spots. If compensation should be given for demolition or relocation, compensation shall be made in accordance with the law.

It is prohibited to rent or transfer scenic resources and scenic spots. The management agency of the scenic spot shall, in conjunction with the relevant departments of the people's government where the scenic spot is located, establish and improve rules and regulations for tree planting, greening, mountain closure, forest protection, fire prevention, and pest control, implement various management responsibility systems, and carry out tending and management in accordance with planning requirements.

The trees in the scenic area belong to special purpose forests. Logging of trees in scenic spots and historic sites is strictly prohibited; if scenic forests really need to be cut for tending and regeneration purposes, the forestry administrative department of the local people's government shall seek the opinions of the scenic area management agency before approval, and handle the matter in accordance with relevant national laws and regulations. The following activities are prohibited within the scenic area:

(1) Receiving tourists exceeding the capacity determined by the overall planning of the scenic area;

(2) Illegal occupation of land in the scenic area;

(3) Engage in activities that change the landscape and damage the environment and landscape, such as digging mountains, quarrying, digging sand and soil, reclaiming land from lakes, mining and reclaiming land, building tombs and erecting monuments;

(4) Logging and destroying ancient and valuable trees;

(5) Graffiti and carving on landscapes and public facilities without authorization;

(6) Smoking and lighting fires in prohibited fire areas ;

(7) Hunting and harming various wild animals;

(8) Climbing and breaking trees, bamboos, flowers and grass;

(9) Towards Littering of waste in waters or land;

(10) Open grazing of livestock and illegal grazing;

(11) Other behaviors that damage the landscape, ecology and environmental sanitation.

The management agencies of scenic spots and the people's governments where scenic spots are located and relevant departments shall establish and improve fire prevention organizations and improve fire prevention facilities.

The management agencies of scenic spots and the people's governments where scenic spots are located and relevant departments shall, in accordance with the provisions of laws and regulations, conduct inspections of ancient buildings, ancient gardens, stone carvings and other cultural relics, historical and cultural blocks, relics, sites and other cultural relics in scenic spots. Other cultural landscapes and their surroundings must be strictly protected, regularly maintained, well managed, a sound responsibility system established, and measures such as fire prevention, lightning protection, flood prevention, earthquake prevention, and termite prevention and control implemented. Construction activities within scenic areas shall be carried out in accordance with the planning of scenic areas.

Construction projects that comply with the planning of scenic spots shall be reviewed by the administrative agencies of scenic spots, and the construction project site selection letter, construction land planning license, construction project planning license and construction project construction license shall be processed in accordance with the law.

The management agency of the scenic spot shall cooperate with the construction administrative department of the people's government where the scenic spot is located to supervise the quality and safety of the construction project and complete the acceptance record.

The site selection, architectural design, and construction plans for rural house construction shall be reviewed by the scenic area management agency. If they are in compliance with the scenic area planning, planning and construction permits shall be obtained in accordance with the law. Scenic area construction projects shall be subject to review and approval in accordance with the following regulations:

(1) Construction of roads, cableways, cable cars, large-scale cultural facilities, sports facilities and recreational facilities, and hotels in national scenic areas that meet the planning requirements of scenic areas Site selection plans for major construction projects such as hotels and landmark buildings with emblems of scenic areas shall be submitted to the administrative department of construction of the State Council for review and approval by the administrative agency of the scenic area and submitted to the construction administrative department of the Provincial People's Government for review and approval according to prescribed procedures. After agreeing, go through the relevant procedures such as project approval. The design plan shall be reviewed and approved by the construction administrative department of the Provincial People's Government;

(2) Other construction projects in national scenic spots that comply with the plan, including the construction of roads, cableways, cable cars, large-scale projects in provincial scenic spots, Site selection and design plans for major construction projects that comply with the plan, such as cultural facilities, sports facilities and recreational facilities, hotels, and landmark buildings with scenic area emblems, shall be reviewed and approved by the scenic area management agency and reported to the Provincial People's Government for Construction Review and approval by the administrative department;

(3) For other construction projects in provincial scenic spots that comply with the plan, the site selection and design plans shall be reviewed and approved by the scenic spot management agency and reported to the people of the city (state) Review and approval by the government construction administrative department. Responsibilities of scenic area management agencies:

(1) Promote and implement national laws and regulations regarding scenic spots, ethnic groups, religions, cultural relics, forestry, land resources, environmental protection, tourism, safety, etc.;

< p>(2) Protect scenic resources and ecological environment, maintain the natural features and cultural landscape of scenic spots, and rationally utilize scenic resources;

(3) Assist in the preparation of overall plans and detailed plans and organize their implementation, In accordance with the overall plan, conduct a preliminary review of new construction, expansion and reconstruction projects in scenic spots and report them according to procedures;

(4) Construct, maintain and manage infrastructure and public facilities in scenic spots, and standardize the establishment of scenic spots Scenic area signs, safety warnings and other signs;

(5) Formulate the scenic area management system and the prevention mechanism and emergency plan for safety accidents and emergencies, and be responsible for the safety, environmental sanitation, public security and safety of tourists in the scenic area. Service industry management and other work;

(6) Organize and support residents in scenic spots according to the plan to develop production and service undertakings with local characteristics, protect traditional folk culture, and stop and restrict production that damages the landscape and pollutes the environment. undertakings;

(7) Organize and be responsible for the bidding and signing of business projects in scenic spots, and supervise the legal operation of units and individuals carrying out business activities in scenic spots;

(8) Responsible for selling tickets to scenic spots and collecting paid usage fees for scenic spots;

(9) According to the characteristics of scenic spot resources, publicize and introduce the characteristics of scenic spots at home and abroad, and inside and outside the province;

(10) Do a good job in the construction and management of the scenic spot supervision information system; timely release tourism-related information such as weather, visibility and other tourism-related information in scenic spots; establish and improve the archives system and survey statistics, report relevant information on time according to regulations, and form a complete Information should be properly kept;

(11) Guide operating enterprises in scenic spots to do a good job in employee training and management, conduct regular emergency training for employees on natural disasters and safety accidents, and improve the quality of employees. Scenic area management agencies shall not engage in business activities for profit, and shall not entrust administrative functions such as planning, management and supervision to enterprises or individuals.

Staff of management agencies are not allowed to work part-time in enterprises within scenic spots. Project management in scenic spots refers to activities in which citizens, legal persons or other organizations obtain the right to engage in investment and operation of overall or individual projects in scenic spots for a fee in accordance with the provisions of these Regulations and other relevant laws and regulations.

The business projects of scenic spots include transportation, catering, accommodation, merchandise sales, entertainment, photography, videography, outdoor advertising and tourist services within scenic spots, except for business activities in religious venues.

The specific business project types, standards, conditions, deadlines and scopes in scenic spots and other management plans shall be drawn up by the scenic spot management agency and submitted to the construction administrative department of the local people's government at or above the county level for review and approval.

The operation plan for transportation and other major projects in scenic spots can only be implemented after the construction administrative department of the Provincial People's Government organizes relevant departments and experts to conduct feasibility studies and review and approve them. Scenic area management agencies shall, in accordance with relevant laws, regulations and scenic area planning, use bidding and other fair competition methods to determine project operators, sign operating contracts with project operators, and determine their respective rights and obligations in accordance with the law.

Major project operation contracts shall be reported to the construction administrative department of the Provincial People's Government for record. Any unit or individual that has not obtained the project management license in the scenic area shall not engage in business activities in the scenic area.

Units and individuals that have obtained the project management of scenic spots shall not change or operate beyond the business location, scope, period and charging standards agreed in the contract; major projects shall not suspend business or cease operations without authorization. The ticket revenue of scenic spots and the paid usage fees of scenic spots and scenic spots should be managed in accordance with the relevant laws and regulations.

Ticket revenue from scenic spots and paid usage fees for scenic spots should be used exclusively for the protection and management of scenic spots and the compensation for losses of owners and users of property in scenic spots. Specific management measures shall be formulated by the Provincial People's Government in accordance with relevant national laws and regulations.

Ticket prices for scenic spots should be discounted for the elderly, active military personnel, disabled people, school students, etc. The specific preferential measures shall be formulated by the Provincial People's Government. Any unit or individual that violates the provisions of Paragraph 1 of Article 43 of these Regulations and engages in business activities in the scenic area without authorization will be ordered to make corrections, criticized and educated, and fined 1,000 yuan by the scenic area management agency. A fine of more than 5,000 yuan and less than 5,000 yuan is imposed.

If units or individuals operate major projects in scenic spots without authorization, they will be ordered to make corrections within a time limit by the construction administrative department of the local people's government at or above the county level. If there are any illegal gains, the illegal gains will be confiscated. income, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan. If, in violation of the provisions of Paragraph 2 of Article 43 of these Regulations, any unit or individual that acquires a project to operate a scenic spot changes or operates beyond the business location, scope, time limit, charging standards, etc. stipulated in the contract, the management agency of the scenic spot shall order it to operate within a time limit. If there are any illegal gains after correction, the illegal gains will be confiscated and a fine of not less than 100 yuan but not more than 2,000 yuan will be imposed.

If a major project changes or operates beyond the business location, scope, time limit and charging standards stipulated in the contract, or suspends or ceases operations without authorization, a fine of not less than 10,000 yuan but not more than 50,000 yuan will be imposed; if the circumstances are serious, , terminate the project operation contract. In violation of the provisions of these Regulations, if a scenic spot management agency commits any of the following acts, the local people's government at or above the county level that established the scenic spot management agency shall order it to make corrections; if the circumstances are serious, administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible personnel. ; If a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Illegal leasing or transfer of scenic resources and scenic spots;

(2) Unauthorized increase in tickets and fees for scenic spots Standards for charging royalties;

(3) Abuse of power or dereliction of duty causing serious consequences. The meanings of relevant terms in these Regulations:

(1) Scenic and historic resources refer to mountains, rivers, lakes, seas, landforms, forests, animals and plants, fossils, special geology, astronomy and meteorology that have ornamental, cultural or scientific value The natural landscape and cultural relics, revolutionary memorial sites, historical and cultural blocks, historical relics, historical sites, gardens, buildings, engineering facilities, etc., as well as their environment and customs, etc.

(2) Scenic spots refer to scenic spots with concentrated resources, beautiful natural environment, certain scale and tourist conditions, which are announced and demarcated with the approval of the State Council or the provincial people's government for people to visit, watch, and An area for rest and scientific and cultural activities. These Regulations shall come into effect on August 1, 2010. The "Regulations on the Management of Scenic and Historic Areas in Sichuan Province" passed at the ninth meeting of the Standing Committee of the Eighth People's Congress of Sichuan Province on May 28, 1994, was abolished at the same time.